5.  The applicant was born in 1979. At the material time he lived in the town of Kalush, Ivano-Frankivsk Region.
6.  At about 4 p.m. on 17 May 2003, when the applicant was driving from Ivano-Frankivsk to Kalush, he was stopped by police because they had received information that the applicant, who had previously been convicted of theft, might have been involved in recent burglaries committed in the neighbourhood.
7.  When searching the applicant's car, the police officers seized an adjustable wrench, gloves, two pocket torches and some other things. They further allegedly found in the car and the applicant's pocket small amounts of cannabis. According to the applicant, he had no cannabis on him and there was none in his car.
8.  Following the search, the police officers decided to formalise the applicant's arrest under Articles 44 and 263 of the Administrative Offences Code for possession of illegal drugs in small amounts (administrative offence). In the meantime they sent the seized adjustable wrench to an expert for an opinion as to whether it might have been used to break down the doors of the recently burgled apartments.
9.  During the questioning, the applicant informed the police officers that the cannabis did not belong to him and stated that it had been planted on him and his car by the police officers. In response the applicant was allegedly beaten up.
10.  According to the applicant, he was hung over a horizontal crowbar when handcuffed and with his head pointing downwards; when held in this position, he was threatened with being killed.
11.  On 20 May 2003, after the expert confirmed that the adjustable wrench had been used for a number of burglaries, the police officers took the applicant to the investigator, who at 1 a.m. on 21 May 2003 formalised the applicant's further detention in the status of criminal suspect in respect of the burglaries.
12.  When questioned, the applicant rejected the accusations of burglary. In response, he was allegedly beaten up by police officers. According to the applicant, he was hung over a horizontal crowbar when handcuffed and with his head pointing downwards; when he was in that position his head was beaten with a plastic bottle filled with water and his feet with a wooden bat; a gas mask filled with liquid was placed over his head, which made it impossible to breathe. During this treatment the applicant lost consciousness several times and when he came round he was told he had to confess to the crimes. Finally, he signed a confession to one burglary. Subsequently, he signed a number of other documents given to him by police officers.
13.  During the night of 24 May 2003 the applicant, still being detained at the police station, asked to use the toilet. When allowed to use it, he cut his left-hand arterial vein. When the resultant bleeding was seen he was delivered to a local public hospital. The same day, having been provided with the requisite medical assistance, the applicant was released. The medical examinations and treatment provided to the applicant in connection with that injury were documented by medical officers.
14.  On 26 May 2003 medical officers examined the applicant and issued a medical report. According to the letter of the Ivano-Frankivsk Regional Prosecutor's Office (“the Regional Prosecutor's Office”) of 16 October 2003, the report attested that the applicant had suffered (in addition to the cut on the left arm) three abrasions to his right shoulder and arm, three bruises to his left shoulder, three abrasions and eight scratches to his left arm, and two abrasions to his right leg. According to the bill of indictment of 28 December 2007 (see also paragraph 32 below), the report, after describing the above injuries, ended with the conclusion that they had to be qualified as minor bodily injuries, which could have been inflicted by blunt objects (except for the cut on the left arm), about five days before the examination.
15.  On 29 May 2003 the applicant was diagnosed with a severe and suicidal depressive disorder.
16.  Following his release the applicant and his mother lodged numerous complaints with law enforcement authorities requesting that the police officers involved be held criminally responsible.
17.  On 21 July 2003 the Ivano-Frankivsk Town Prosecutor's Office refused to institute criminal proceedings following the applicant's allegations, stating that there was no evidence of crime. The fact that the applicant sustained numerous injuries was noted but disregarded without explanation.
18.  The applicant challenged that refusal before the Regional Prosecutor's Office which, in the course of reviewing the impugned decision, also requested the Ivano-Frankivsk Regional Police Department, supervising the relevant local police offices, to carry out an additional internal inquiry concerning the facts complained of.
19.  On 27 October 2003 the Regional Prosecutor's Office quashed the decision of 21 July 2003 on the basis that the circumstances in which the applicant had sustained the injuries had not been examined.
20.  On 3 November 2003 the Regional Prosecutor's Office instituted an investigation of the allegedly unlawful detention and ill-treatment of the applicant.
21.  On 15 December 2003 the applicant applied to the General Prosecutor's Office asserting that the Regional Prosecutor's Office could not carry out an impartial investigation in respect of police officers working in the same region. He requested therefore that the case be referred to a prosecutor's office of another region.
22.  On 16 June 2004 the applicant repeated that request as there had been no reply to the first one. He stated that he could still remember the events in detail and identify the policemen involved but the relevant investigatory steps had not been taken.
23.  On 24 June 2004 the Kalush Town Prosecutor's Office refused to institute criminal proceedings against Yu. and B., two of the police officers who, it was alleged by the applicant, had been involved in the crimes.
24.  On 26 July 2004 the Regional Prosecutor's Office itself considered the applicant's requests for referral of the investigation to another prosecutor's office and rejected them as unsubstantiated.
25.  On 25 September 2004 the Regional Prosecutor's Office refused to institute criminal proceedings against police officers Zh., K., and H. for lack of evidence of their involvement in the alleged crimes. On several occasions the applicant requested a copy of that decision in order to challenge it before a court, but to no avail.
26.  The Regional Prosecutor's Office then charged two police officers, A. (who was the operative officer of the local police office) and M. (who was the head of the division of the local police office dealing with crimes against individuals and crimes committed by group of persons), with abuse and exceeding their powers, forgery of documents, and unlawful arrest in respect of the applicant.
27.  On 22 October 2004, having completed its investigation, the Regional Prosecutor's Office referred the case file to the Ivano-Frankivsk Town Court (“the Town Court”) for trial.
28.  Between 3 November 2004 and 15 November 2006 the hearings in the case were adjourned by the Town Court five times because of the prosecutor's failure to appear, seven times at the request of the prosecutor, and once because the prosecutor was on holiday.
29.  On 18 July 2007 the Town Court held a hearing in the case, in the course of which it established that the investigation had been carried out superficially and inadequately. The Town Court noted that the decisions to refuse to institute criminal proceedings against the other police officers had not been substantiated. It therefore remitted the case for further investigation and ordered that the other police officers be brought before the applicant for identification; that they be questioned; that a confrontation be held between them and the applicant; that the alibi of the accused M. be verified; that the staff of the hospital where the applicant was provided with medical assistance be questioned; and that a detailed reconstruction of the events be held with the participation of the applicant, given that the latter had made contradictory statements about how he had allegedly been hung over the crowbar.
30.  On 24 September 2007 the Ivano-Frankivsk Court of Appeal upheld the decision of 18 July 2007 noting, inter alia, that the applicant's inconsistent statements should have been properly verified.
31.  On 15 November 2007 the Regional Prosecutor's Office commenced additional investigations ordering that they should be terminated within one month.
32.  On 28 December 2007 the Regional Prosecutor's Office, having completed the additional investigation, referred the case file to the Town Court. It charged A. with abuse of powers, excess of powers, forgery of documents, deliberately unlawful arrest. It further charged M. with excess of powers and deliberately unlawful arrest. All of the charges referred to the qualified corpi delicti of the relevant crimes. The bill of indictment stated, among other things, that M. requested the other police officers to handcuff the applicant and to hang him over the crowbar which was placed between two chairs; to place a gas mask over the applicant's head and block the air flow. It was specified that “the torture lasted from 1 a.m. on 21 May to 9.50 a.m. on 22 May 2003”.
33.  According to the bill of indictment, the other police officers were not prosecuted as the applicant's mother submitted that, given the lapse of time, the applicant would not be in position to identify any other police officer except for A. and M.; moreover, all the other police officers denied their involvement in the crimes.
34.  On 25 March 2009 the Town Court found that the Regional Prosecutor's Office had failed to comply with the investigatory instructions contained in the decision of 18 July 2007. The Town Court further decided to disjoin from the case the charges against M. and remitted this part of the case for additional investigation. As to the charges against A., the Town Court proceeded with their consideration.
35.  On 26 March 2009 the Town Court found that in the course of the applicant's arrest A. planted drugs on the applicant, ill-treated him by punching and kicking him, falsified the administrative case in his respect, and illegally detained him. The Town Court found A. guilty of exceeding his powers, forgery of documents and unlawful arrest, and sentenced him to three years' imprisonment with a prohibition on occupying posts in law enforcement bodies for the same period. It also allowed the applicant's civil claim for damages in part.
36.  On 15 September 2009 the Ivano-Frankivsk Court of Appeal upheld the decision of 25 March 2009. It further quashed the judgment of 26 March 2009 as unsubstantiated and remitted the whole case for additional investigation. It noted that A.'s guilt had not been properly established either, because of the serious shortcomings of the investigation. It also held that, given the circumstances of the case, the Town Court had been wrong in its decision to examine the charges against A. separately from the charges against M.
37.  The investigation against A. and M. is pending.